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Home My Public Portal AboutOrd. 0212S ORDINANCE N0. AN ORDINANCE OF THE CITY OF LYNWOOD PROVIDING FOR THE LICENSING OF THE SALE AND DISTRIBUTION OF ALCOHOLIC BEVERAGES IN SAID CITY, PROVIDING PENALTY FOR VIOLATION THEREOF, AND REPEALING ALL ORDINANCES IN CONFLICT THERE!','ITH. The City Council of the City of Lynwood do ordain as fo1iovve: SECTION I: It shall be unlawful for any person, firm or corporation to sell or to distribute, in the City of Lynwood, any alcoholic beverage containing more than one -half of one per cent, by weight, of alcohol content, except as hereinafter provided. SECTION I I: It shall be unlawful for any person, firm or corporation to sell any alcoholic beverage containing more than 3.2 per cent, by weight, of alcohol content except for medicinal purpotea upon a prescription signed by a physician licen?ed under the laws of the State of California to prescribe suctx beverage for medicinal pur- poses, and further except as follows: 1. Such prescription may be filled only by a licenoed pharmacist. 2. Such prescription may be filled only once. 3. Such prescription may be filled only at a bona fide drug etore. 4. Such drug store must be operated by a person, firm or corpora- tion which has procured a license, as hereinafter provided, to so dis- pense such beverage at such drug store, and chall have paid a fee for euch license in the sum of x`100.00 per annum, payable quarterly in advance for each such drug store. SECTION III: The following provisions of this ordinance shall apply to the sale and licensing for sale of alcoholic beverages containing an alcohol content in excess of one -half of one per cent, by weight, by not in excess of 3.2 per cent, by weight, of alcohol content, and the following termu wherein uced hereafter shall be construed as defined as follows: -1- r 1. "Beverage" means any beverage containing in excezo of .05 per cent, and not in exceg of 3.2 per cent, by weight, of alcohol content. 2. "Person" means and includes every natural person, partner- ship, association, company, corporation, organization, or manager, agent, servant, officer or employee of any of tiiem. 3. "On sale license" means and incluaes a license to oell beverages at retail for consumption only on the premises in reepect to which the license is issued. 4. "Off sale license" means and includes a license to sell beverages at retail in original packages for consumption only off the premises in respect to which the license ie issued. 5. "Package" means and includes any container or recepticle used for holding or containing beverages which container or recepticle is corked, capped or sealed. 6. "Corked" and "sealed" shall mean and include closed with any , � , tue, stopper or cap, whether made of cork, wood, gla-w , metal or other material. 7. "Board." means the City Council of the City of Lynwood. 8. "Premises" when used in connection with "on sale" and when applied to rive -in eating places, incluaes the stand frorx which mealy are Nerved and the grounds immediately surrounding such LatandB on and from which meals are served in the ordinary course of business. SECTION IV: Any person de.iring a license for "on =ale" or "off sale" retail sales in said City shall rake application to the board. Such application shall be made upon forma to be prescribed by the board and shall contain such information as the board may precribe and shall be accompanied by a license fee in the sum of wr25.00 if such application is for an "on gale" licenee, or in the Burn of '-10.00 if such application is for an 'off sale" iicenoe, which sums 'hall be -pplied on the annual license fees therefor. The sum of '50.00 + per annum -2- payable in a: -Vance in eemi- annual installments of 425.00 each being hereby fixed ax the iicenoe fee for an "on kale" licen e, and the sum of 010.00 per annum, payable annually in advance being hereby fixed ae. the license fee for an "off oale" licence. SECTIO_:_V "On sale" licenses shall be granted only to bona fide re•• taurantr., public eating placee, clubT, boarding hones and /or hotels. "On Zale" licen;:ees may serve beverages as herein de- fined, to bona fide guest% and patrone only, to be con�•umed only wi-th meals furniWhed in good faith at regular public tables, or at eating counter% at which said gueeta and patrons are seated, or in thr; case of club: and /or hotels, may be served in guests' rooms. In the case of drive -in eating places, such beverages may be served with meals within the _remi• ^e~ a- szai' term is defined above. "Off tale" Licensees may yell beverages, a herein defined, in origina; packagea for consumption off of the premises only. The holder of each "on sale" permit shall have and possess the right, without further payment of license fees, to exeroil:e the right. of an "off vale" licensaee and to make "off sale" transactions on the premises covered by the "on sale" license. It shall constitute a misdemeanor, punishable in the manner hereinafter provided, to Serve or make sale of beverage; in violation of the manner herein prac.cribed ano zuch violation _hall constitute grounds for suepen>>ion or revocation of permit by the board upon notice and 'nearing. Any person violating an,r of the provisions of this oroU nance, or selling beverages without obtaining the permits: for sale thereof as required by this ordin- ance�,, or failin to pay the license fees above provides, shall be guilty of a misdemeanor, and shall be punishable by fine not exceeding three hundra d or imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment. -3- V � SECTION VI: Upon receipt of an application for a license and the license fee the board shall thoroughly investigate and deny the application if: 1. The applicant is not of good moral character; or 2. The premises in respect to which the license is to be if..ued ao not comply with the provisions of this ordinance; or, 3. The premises and equipment or the plans and specifica- tions thereof in respect to which the license is to be issued are injurious to the public health and safety; or, 4. The applicant has had a license forfeited, suspended or revoked under the provisions of this ordinance; yr 5. The applicant subsequent to the passage of this ordinance and within one year prior to filing his application, has been con- victed of a violation of any law concerning the manufacture, transportation or sale of alcoholic beverages or has been convicted of a felony under the laws of thin State, tha United StateC+ or any State of the United State.; or 6. The premises wherein said license is proposed to be exercised or the proposed sale of beverages therein violates any building, zoning, health, safety or police ordinance or any law of the United States or of this State. The Board may consider any objections. or protests to the issuance of licensee and the board may grant or refu -e to grant the license applied for if the appli- cant does not comply with the provisions of this ordinance, and shall ie =ue said license if the application complies with the provi >siona hereof. -4- S CTIO" V II•° WAP I. Every licence issued under thi ordinance svhall aet forth the name of the person to whom licence is is ued under a fictitious.. name such in addition to said name, the name or namee of conducting the bueinese under the fictitious ni also specify the location by wtreet and number other devignation .sufficient to identify it in licence is ica- ued.. it i ^! is ~ued. If the licen; e shall Net forth each of the persons Lme. The licence shall of the pre :r,i >ew or respect to which the Each license shall be signed by the licensee, shall be non- transferable, shall be poeted in a -conspicuous place in the premi,ea in respect to which it was isr;ue., and ,shall be exhibited to any re- presentative of the board or any peace officer. Each licence issued hereunder is -ceparate and dietinct and no person shall seek to exercise the privileges granted under any license other than the iicenae he holds. A separate license shall be issued for each specific business and each location, and each license irs applicable only to the premis,eu in respect whit.. it is is =ued. The board shall determine what con °stitutes a single store, bueinest -, premises or establishment with respect to the issuance of a licem e hereunder. SECTIC The Board may upon its own motion and shall upon the verified complaint in writing of any person investigate the action of any licensee and shall have power to temporarily wuvpend or permanently revoke a license issued hereunder for any of the following act or omisc;ionn J 1. Mi,representation of a material fact by the applicant in obtaining a licenF'e; 2. If the licensee violates or causes or permits to be violated any of the provisions of this ordinance. 3. If the licensee commits any act which under thin ordinance would be sufficient ground for the denial of an application for a iicen ^e. -b- 4 I• Prior to the revocation or suspension of any licenee by the board ten days' notice shall be given to the licensee by personal service or by registered mail directed to the licensee at his late: >t address of record. Licenses shall be suspended or revoked by the board, only upon notice as provided herein and upon a hearing at which the licensee may attend and show cause why his license should not be revoked. The determination of the board after auch hearing shall be subject to review by a court of competent jurisdiction. SECTION IX: No manufacturer of beverages nor any officer, director or employee of such manufacturer, nor any person who owns any interest in the business of F.:uch manufacturer, Mhall acquire, hold or have any interest either airect or indirect in the bueinese of any "on Cale" licensee nor in the furniture an- fixtures of the premises wherein the bueineer of such licensee is conducted, nor shall any such person endorse, guarantee, or :stand surety for a lease or any other obligation of any such licensee. SECTION X.: It shall be a misdemeanor, puni- 1hable by fine not exceeding three hundred dollare, or by imprisonment in the county jail not exceeding three months, or by both such fine and im- prisonment, to sell beverages, as said term is herein defined, to any person under the age of nineteen years. SECTION XI.: If any section, subsection, sentence, clause or phrase of this ordinance Jo for any reason held to be unconstitu- tional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, ana each section, aubeection, sen- tence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, entencer.. clauses or phrases be declared unconstitutional. -6- SECTIO XII: Ordinance No. 208 as amended by Ordinance No. 211, relating to.the licensing of the gale of ;llcoholic bever- ages, and all Ordinances an" of Or in conflict here- with are hereby repealed. SECTION XIII: It is hereby aeclared that the immediate preservation of the public peace, health and cafety requires that this ordinance shall become effective immediately, and the facts con- stituting the urgency thereof are as follows: The laws enforcing the provis =ions, of the Eighteenth Amendment to the Constitution of the United States have been radically repealed or amended and the Wright Act of the State of California has been repealed, so leaving the Stater, California in particular, and rubdivisionc thereof, inadequ- ately protected again - -•t the evils of the liquor traffic unless such Rates and sub(.Avieionr, thereof protect themeelve:; again t such evil's by aie`uate legislation; and the City of Lynwood being inadequ<tel� ho protected is in danger of being immediately overrun by racketeers and rum dealer: -. SECTI0; XIV: The City Clerk <:hall certify to the pw.rcE_e of this ordinance by a vote of four - fifths of the members of the City Council and shall cause the same to be ,ublirhed in the Lynwood Tribune, a newspaper published. in said City, which is hereby desig- nated for that purpose, and the e_ame shall become immediately effective upon -he passage thereof. -7- 'City Clerk of the City of Lynriccd hereby certify that the fcre, ordinance way' pasced by the City Council of said City at anL:— meeting thereof hell" c- the of - ty, 63 an- that the same viaa so paar.ed by a four-fifthe vote of said City Council, said vote being as follows: AYES, (; ��t,, - _.��;�, d NOES: ABUYT: ' Dated .Iay 1933. CITY CLERK. M